pending I-130 petition and B visa

M

montereybay

Registered Users (C)
I am a USC. If I file I-130(petition for alien relative) for my brother, will that cause his future B1/B2 visa to be denied due to his immigraiton intention? Some background about my brother, he completed his graduate study in US and now is working in China. He comes to US from time to time for business and leisure trips.

Any information is highly appreciated!
 
it's going to take over 10 years to bring USC siblings to US, and the benificiary might change his/her mind when his/her PD becomes current. My brother has a decent job in China and has traveled to US many times in the past. For me, it doesn't make sense to deny a person's non-immigration visa petition if that person can demonstrate that he/she would return after the short visit. My brother for sure won't stay in US illegally to wait for his immigration visa(or I-485) since he had the chance to do so in the past. Does this play a factor when my brother applies his B1/B2 visa?
 
The law is clear on its face. You must demonstrate that you intend to return to your home country. Filing an immigrant petition demonstrates that you intend to abandon your home country and settle in the US permanently. I am pretty sure occasionally people manage to get a B visa anyway, but definitively expect the I-130 to impact his next entry to the US.
 
You are correct. They key is, demonstrate that he/she would return. Everyone is given a chance by the consul and/or by the POE admitting officer to do just that.

montereybay said:
For me, it doesn't make sense to deny a person's non-immigration visa petition if that person can demonstrate that he/she would return after the short visit.
Click to expand...
 
triple_citizen and nascagony, thanks for your reply.

Actually my brother had a denied I-130(NIW) while he was studying in US but he never had a problem to obtain his B visa after he returned back to China(He did inicate that in his visa applications). So I think the argument is as long as he can demonstrate that he will return for a specific B visa application even he has a pending(or approved) I-130 petition. In that sense, filing I-130 doesn't/shouldn't automatically disqualify a person from obtaining non-immigration visa.
 
Just want to give folks an update here. My brother applied for a B1/B2 visa today and he got it without any accident. He also traveled to US last December which was after I filed I-130 for him by using the visa he obtained previously.
 
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